`
`____________
`
`
`BEFORE THE PATENT TRIAL AND APPEAL BOARD
`
`____________
`
`
`
`
`APPLE INC.
`Petitioner
`
`v.
`
`COREPHOTONICS, LTD.,
`Patent Owner
`____________
`
`Case IPR2018-01133
`U.S. Patent No. 9,538,152
`____________
`
`PATENT OWNER’S NOTICE OF APPEAL
`
`
`
`
`
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`Submitted Electronically via the PTAB E2E System
`
`
`
`
`
`
`
`Pursuant to 35 U.S.C. §§ 141, 142, and 319, and in accordance with 37 C.F.R.
`
`§§ 90.2-90.3, Patent Owner Corephotonics, Ltd. (“Corephotonics”) appeals to the
`
`United States Court of Appeals for the Federal Circuit from the Final Written Deci-
`
`sion of the Patent Trial and Appeal Board (“Board”) entered on December 2, 2019,
`
`in IPR2018-01133 (Paper No. 34) (“Final Written Decision”), and from all underly-
`
`ing findings, determinations, rulings, opinions, orders, and decisions regarding the
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`inter partes review of U.S. Patent No. 9,538,152 (the “’152 patent”).
`
`In accordance with 37 C.F.R. § 90.2(a)(3)(ii), Corephotonics states that the
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`issues on appeal may include, but are not limited to: the Board’s determination that
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`claims 1–4 of the ’152 patent have been shown to be unpatentable; whether the stat-
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`ute and regulations under which the Board made its determination violate the Ap-
`
`pointments Clause or other provisions of the United States Constitution; the Board’s
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`consideration of the expert testimony, prior art, and other evidence in the record; and
`
`the Board’s factual findings, conclusions of law, or other determinations supporting
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`or related to those issues, as well as all other issues decided adversely to Corepho-
`
`tonics in any orders, decisions, rulings, and opinions.
`
`This Notice of Appeal is being e-filed with the Clerk’s Office for the United
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`States Court of Appeals for the Federal Circuit, along with payment of the required
`
`docketing fees. In addition, a copy of this Notice of Appeal is being filed simultane-
`
`ously with the Patent Trial and Appeal Board.
`
`
`
`1
`
`
`
`
`
` / Neil A. Rubin /
`Neil A. Rubin
`Reg. No. 67,030
`Reza Mirzaie
`Reg. No. 69,138
`Marc Fenster
`Pro Hac Vice
`Russ August & Kabat
`12424 Wilshire Blvd., 12th Fl.
`Los Angeles, CA 90025
`Phone: (310) 826-7474
`Fax: (310) 826-6991
`rmirzaie@raklaw.com
`nrubin@raklaw.com
`mfenster@raklaw.com
`corephotonics@raklaw.com
`
`Respectfully submitted,
`
`Dated: January 31, 2020
`
`
`
`
`
`
`
`
`
`
`
`2
`
`
`
`CERTIFICATE OF SERVICE (37 C.F.R. § 42.6(e)(1))
`
`The undersigned hereby certifies that the above document was served on January 31,
`2020, by filing this document through the Patent Trial and Appeal Board End-to-End
`System as well as delivering a copy via electronic mail upon the following attorneys
`of record for the Petitioner:
`David W. O’Brien
`Andrew S. Ehmke
`Hong Shi
`Michael Parsons
`Philip W. Woo
`HAYNES AND BOONE, LLP
`david.obrien.ipr@haynesboone.com
`andy.ehmke.ipr@haynesboone.com
`hong.shi.ipr@haynesboone.com
`michael.parsons.ipr@haynesboone.com
`philip.woo.ipr@haynesboone.com
`
`A copy of this Notice of Appeal was also sent on January 31, 2020 by Priority Mail
`Express to the United States Patent and Trademark Office at the following address:
`Office of the General Counsel
`United States Patent and Trademark Office
`P.O. Box 1450
`Alexandria, VA 22313-1450
`
`A copy of this Notice of Appeal was also sent on January 31, 2020 by Priority Mail
`Express to the Clerk of Court of the Federal Circuit at the following address:
`Clerk of Court
`U.S. Court of Appeals for the Federal Circuit
`717 Madison Place, N.W.
`Washington, DC 20439
`
`
`
`
`
`
` / Neil A. Rubin /
`
`
`Neil A. Rubin (Reg. No. 67,030)
`
`
`
`3
`
`
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